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Tag: class action

June 17, 2017

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action action Florida family loses property rights' case in Florida appellate court Telling truth to tort Supreme Court asks town to res ...

June 16, 2017

Freedom of contract at stake in a Supreme Court trio

In January, the Supreme Court granted certiorari and consolidated three cases to decide whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to reso ...

June 22, 2016

Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action lawsuits to federal courts—which Congress thought would better police the class action process.  ...

April 01, 2016

President's weekly report — April 1, 2016

Supreme Court member apologizes  Justice Ruth Bader Ginsburg today issued an apology today on behalf of all Justices, living and dead, who ever espoused the notion of a “living constitution.” Saying that she was visited by the ghost of her late friend, Nino Scalia, she exclaimed, “it’s a stable constitution that we need, no ...

April 01, 2016

Searching for an answer: Google petitions the Supreme Court

Last week, the Supreme Court issued its narrow decision in Tyson v. Bouaphakeo, allowing class certification in a case dependent on statistical sampling to prove liability in limited circumstances. PLF's amicus brief in the case argued that statistical sampling is irreconcilable with due process protections that require plaintiffs to demonstrate in ...

March 22, 2016

Supreme Court offers little clarification regarding statistical sampling

The Supreme Court receives dozens of class action related cert petitions every Term, and today's decision in Tyson Foods v. Bouaphakeo is unlikely to stem the tide. The case arose when employees of a Tyson pork processing plant filed a class action claiming they were not paid for the time they spent donning and doffing ...

March 21, 2016

President's weekly report — March 18, 2016

Lawsuit filed against Fish & Wildlife Service over illegal regulations When Congress passed the Endangered Species Act it set out two categories of species: those that were endangered and which might go extinct and those which were only threatened, and which had the potential of becoming endangered, but were not in immediate danger. The point ...

November 10, 2015

Should courts replace trials with formulas for sake of convenience?

In this Federalist Society video, I discuss the Supreme Court case Tyson Foods Inc. v. Bouaphakeo––which the Court will hear today. In that case, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for the time they spent putting on and taking off their work clothing.  The plaintiffs worked in different ...

August 18, 2015

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson Foods, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for ...

May 29, 2014

Due process does not end with class action certification

Today, in Duran v. U.S. National Bank, the California Supreme Court issued a ringing endorsement of the due process right to mount a defense in a class action lawsuit.  The case involved a wage and hour class action under California's Unfair Competition Law on behalf of 260 "business banking officers" (BBOs) who claimed U.S. Bank ...